An individual who has been convicted of offense outside of Canada needs to determine what the equivalent offense would be in Canada.
The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions … Read More
Temporary Resident Permits
On June 28, 2019 Immigration, Refugees and Citizenship Canada substantially changed the guidance that it provides to officers regarding the issuance of Temporary Resident Permits (“TRPs“). The biggest change was the removal of the statement that TRPs could not be issued for administrative convenience. People who do not meet the requirements of the Immigration and Refugee … Read More
Language Requirements and Work Permits
Regulation 200(3)(a) of the Immigration and Refugee Protection Regulations, SOR/2002-227 provides that an officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought. An issue that is becomming increasingly common is whether someone has sufficient language ability … Read More
Mootness
The doctrine of mootness is an aspect of a general policy that a court may decline to decide a case which raises merely a hypothetical or abstract question. It applies when the decision of a court will not have the effect of resolving a live controversy which affects or may affect the rights of the parties.
The Reasonableness of a Proposed Program of Study
One of the more common reasons for a study permit application to be refused is because a visa officer determines that an applicant’s proposed program of study in Canada is unreasonable given the applicant’s background. The wording of such refusals varies, but it typically includes statements about how an individual could study in a similar … Read More
The 2021 NOC and TEERs
The following is a summary of a 2022 Memo to the Minister. In 2022 Canada is changing the National Occupational Classification (“NOC”). The new NOC is called NOC 2021. Among the changes in NOC 2021 is the replacement of NOC 2016’s five Skill Type / Level Groupings – used to determine eligibility for several Immigration, … Read More
Bringing an Adopted Child to Canada
It is not uncommon for Canadians to adopt children from abroad. Those that wish to do so should be aware that there are many immigration hurdles to overcome. The purpose of this post is to introduce prospective parents of some of the issues.
Self-Employed Class – Becomming Economically Established
Regulation 100(1) of the Immigration and Refugee Protection Regulations, SOR/2002-227 states: For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within … Read More
Administrative Deferrals of Removal
Administrative deferrals of removal (“ADR“) are temporary measures when the Government of Canada determines that immediate action is needed to temporarily defer removals of foreign nationals to countries experiencing humanitarian crisis. Once the situation in a country stabilizes the ADR is lifted and removals resume. Those who are inadmissible to Canada on grounds of criminality, … Read More